Initiative enforced on both March 1, 2014 and March 4, 2014.
The Austin Police Department will enforce a No-Refusal initiative for Mardi Gras on Saturday, March 1, 2014 and Tuesday, March 4, 2014 from 9 p.m. to 5 a.m. on both days.
The initiative is an effort to enforce DWI laws, keep the public safe, and to conduct blood search warrants on suspects who refuse to give a breath or blood specimen as required by law.
APD is focused on saving lives on the streets and highways of Austin and making Austin roadways safe for everyone through education and enforcement.
About No Refusal
Under Texas Implied Consent Law (Texas Transportation Code Chapter 724.011), anyone driving on the roadway (whether licensed or not) has already been deemed to have given consent to providing a breath or blood sample when requested by a Peace Officer if they are arrested for DWI. If arrested for DWI, the driver is read a DIC-24 Statutory Warning (a State required form) informing them of the consequences of not voluntarily providing that sample when requested.
There are certain DWI Investigations in which an Austin Police Officer will always apply for a blood search warrant (if a driver does not voluntarily provide a sample) and those are listed under Texas Transportation Code Chapter 724.012.
During a No-Refusal initiative, if a driver withdraws their consent to providing a voluntary sample, then an officer will apply for a search warrant from a judge or magistrate to obtain a blood sample in every DWI arrest during that period of time.
Mardi Gras No Refusal Initiative
Saturday, March 1, 2014 and Tuesday, March 4, 2014
9 p.m.-5 a.m.
The 82nd Legislature passed HB1199 which implemented a higher class of offense for those whose blood alcohol concentration is at or above .15. Those found to have a blood alcohol concentration of .15 or above will be charged with a Class A Misdemeanor which carries a maximum sentence of one year confinement in jail and a $4,000 fine for the first time offenders. This law went into effect on September 1, 2011.
Communications and Public Information Office
301 W. 2nd Street, Austin, TX 78701